The plaintiffs, Walker Bark and Debra Yahquo, signed two contracts with Lake Country Chevrolet to purchase automobiles. A disagreement arose over the vehicles. Unable to resolve the dispute to their satisfaction, the plaintiffs filed a lawsuit. They asked the court to rescind (set aside) the contracts and to recover damages for fraud by the car
Business fires can bankrupt a company. There’s a lot at stake in business fires. The company’s loss may not just be a building and the contents. It may interrupt the income stream. If so, then the financial impact may extend to the employees.
The typical business is insured for loss of property and usually the
The number of fires in Oklahoma as the year closed were significant. Almost everyday, you heard or read about another fire. Some days there were multiple fires. House fires, apartment fires, mobile homes, restaurant fires, businesses hit by fire, the list goes on and on. Sources such as space heaters, grease fires, fire places, electrical
Being accused of insurance fraud is a serious offense. Regardless of the circumstances, your reputation is on the line. In this case, State Farm was alleged to have defrauded the United States government by avoiding the payment of storm claims under homeowners’ insurance policies. State Farm was said to have improperly shifted the burden for
Physicians Liability Insurance Company (“PLICO”), issued a “claims made“ medical malpractice insurance policy to Defendant Mark Valentine. As a result of Valentine’s negligence during a surgical procedure, David Wurtz died. The Oklahoma Board of Medical Licensure reviewed the situation and revoked Valentine’s medical license.
Shortly thereafter, Valentine sent a letter to his insurance
The Plaintiffs Walker Bark and Debra Yahquo were parties to two contracts with Lake Country Chevrolet for the purchase of automobiles. The Plaintiffs then brought a lawsuit which sought to have the contracts rescinded (or set aside) and to recover damages for fraud on the part of the car dealer. The car dealership filed a
As part of the tort reform law passed in 2009, 12 O.S. § 990.4(I),‘exempted punitive damages from the obligation to post a bond on appeal as a means to stay execution of a judgment. The legislation was declared unconstitutional by the Oklahoma Supreme Court citing Douglas v. Cox Retirement Properties, 2013 OK 37
Litigation has a lot of conflicts that really slow down getting your day in court. Sometimes it has to do with the lawyer’s schedule in other courts. Bubba’s insurance case hit one of those snags. Judge Smith set the case on the trial docket that also happened to be the trial docket in a Federal
Unnecessary damages which could have been avoided by the insured cannot be recovered in a lawsuit for breach of contract as every Oklahoma insurance lawyer well knows. A party who asserts a claim for breach of contract against an insurance company has a duty to use reasonable efforts to mitigate his damages. Hidalgo Properties,
Property damage that results from a continuous and ongoing process over an extended period of time rather than from a defined, identifiable event such as a tornado or hail damage creates disagreements and disputes as to when property damage "occurred." Coverage under most insurance policies is triggered by an "occurrence." As Dana Ferestien commented, insurers and insureds continue to litigate
